BOOCHEVER, Circuit Judge:
Penthouse International, Ltd. (Penthouse) filed for a declaratory judgment of the terms of a 1975 model release with Priscilla Barnes (Barnes). Barnes counterclaimed for damages and injunctive relief, alleging breach of confidentiality. The district court bifurcated the trial, and this appeal is from the declaratory judgment only.
Pursuant to the contract Penthouse published nude photographs of Barnes under a fictitious name in its...
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